Felt Terms of Use

Welcome to the Felt website. These are the terms of use for sellers, buyers and browsers to help make the Felt experience a happy and productive one for all. By continuing to visit our website, or by registering for an account on the website, you are agreeing to do so on these terms.

1.0 Terms for everyone, including buyers and sellers

1.1 Who are we?

The Felt website is run by Felt Ltd (Felt), a company incorporated in New Zealand, and these terms apply between you and Felt. By registering for an account on this website you are accepting these terms of use.

1.2 Changing terms

Felt has the right to amend these Terms of Use at any time for any reason. Any amended terms will be effective as soon as they are posted on Felt’s website, and as a user it will be your obligation to keep up to date with any new terms. Felt will endeavour to communicate new terms to its users, but if it is unable to do so, the new terms will still apply.

1.3 18 or over only

You must be 18 to register for an account with Felt which is necessary to buy or sell through the website.

1.4 Be nice

Feel free to browse through the Felt listings and interact with the sellers, however do not leave rude or offensive messages for anyone in the Felt community. Felt reserves the right to remove any messages or content from the website at its own discretion.

1.5 Felt’s role

Felt is a marketplace. When you buy or sell a product the contract is strictly between the buyer and seller and Felt is neither a party nor an agent for anyone else in relation to that contract.

1.6 Felt’s liability

While Felt is proud of the quality of its sellers, and takes care to ensure that its sellers are honest and responsible, Felt is not liable in any circumstances whatsoever, including for Felt’s negligence:

to any purchaser for the quality, fitness for purpose, compliance with description or lawfulness of the product supplied by the seller

if the seller does not provide the product

if the buyer does not pay for the product

to ensure the safety of any product

1.7 Privacy

Felt only collects your personal data for the purposes of administering the website. Your personal details are not made available to any third parties for purposes other than administration of the Felt website.

Where Felt uses third parties to undertake services, we may provide those third parties with some of your information if it is required to fulfil those services. We use third party software such as customer relationship management and marketing automation software that holds your information, sometimes overseas. We require any third party to undertake strict precautions to protect your information against unauthorised use or disclosure.

You are entitled to access your personal information and request changes where the information is incomplete or incorrect. Felt will respond to any privacy request within a reasonable time.

1.8 Messages

Felt provides a message system for buyers and sellers to communicate with each other. This is not a private communication channel, and Felt has access to and may monitor any communication taking place on the website. You agree not to use the message system to send any offensive material or comments to any person. You also agree not to use the message system to arrange any transactions outside the process provided by Felt, to share contact details, including website details or otherwise avoid the commission due to Felt on each sale. Any person found breaching this provision is likely to have their account with Felt terminated immediately.

1.9 In trade

All Felt sellers are in trade and as such must comply with the New Zealand Consumer Guarantees Act and the Fair Trading Act.

2.0 Special Terms for Felt Sellers

2.1 Direct from the maker

The Felt website is a marketplace for goods made in New Zealand. Felt welcomes New Zealand makers to open an account with Felt to sell any items the seller has personally been involved in making or designing. Felt may remove listed items or close sellers’ accounts if the goods offered are not, in Felt’s sole and unfettered discretion, items associated in this way with the seller. Felt will always attempt to discuss this with the seller first. There is room for considerable discussion as to whether articles are sufficiently associated with the seller. Generally, but without affecting Felt’s absolute discretion, an admissible article will have one or all of the following qualities:

it is a unique design, designed by the seller

it has been substantially made by the seller

it has factory made components, but these are assembled by the seller in a creative way, or in a way requiring unique or special skill

though originally factory made, it has been upcycled, reconditioned or repurposed by the seller in a substantial way

2.2 Made in New Zealand

Sellers must provide a valid New Zealand address and phone number.

2.3 Lawful

Sellers must ensure that the product they are offering for sale conforms with all New Zealand laws. Without limiting the generality of this provision, sellers must ensure the following in relation to products offered for sale on the website:

that all food products comply with the Food Act and any regulations in force

that products do not breach Copyright or Trade Mark legislation, or the intellectual property rights of any third party

that all products comply with safety regulations in force in New Zealand Particular care needs to be taken for products sold as suitable for infants under three years old, as there are laws relating to (for example) choking hazards and flammability. However, it is the seller’s responsibility to ensure all products comply with ALL New Zealand laws

the GST inclusive sale price is listed in NZ dollars in the listing for each product

If Felt has concerns about the legality of any items offered for sale, it reserves the right to remove the listings immediately and will not relist the items unless it is satisfied, in its own opinion entirely, that the items comply with New Zealand law. Felt will attempt to communicate with the seller in regard to removing any items from that seller’s listing.

2.4 Listing requirements

When listing products on the website, sellers must:

clearly state the sale price in NZ dollars and including GST (if registered)

clearly set out any shipping prices and conditions

describe the product faithfully without any misleading details or omissions

list the product in an appropriate category or categories

remove the listing when the product is not available

avoid placing any contact details for the seller on the listing

own the copyright for any photographs uploaded to the website

grant the right for Felt to use any details listed, and any material submitted in a listing for promotion of the website.

In addition, sellers must post the product to buyers promptly upon payment. If a seller defaults on delivering an order and the buyer is not refunded their payment in full, Felt will invoice the seller for the amount in question, plus an administration fee per undelivered purchase. If recovery action is required to recover any such balance, the seller will pay all debt recovery costs.

Duplicate listings of the same item are considered spam and excessive identical listings will be removed. Listing fees are not refundable in this instance. Multiples of an item can be listed using the quantity field. Listings can also be added to up to nine additional categories at 30 cents per category.

Items listed in inappropriate categories will be moved to a suitable category or removed at Felt's discretion. Listing fees are not refundable if an item is removed from an unsuitable category.

2.5 Submitted material

When you upload photographs to the website you give consent to Felt to use the photos for any purposes related to promotion of the community or the website.

2.6 Credit accounts

You will need to set up a prepaid Felt account from which listing fees and commission will be deducted. This account can be credited at any time with a minimum of $10 by bank deposit or Paypal. The credit on your Felt account is non-refundable. For avoidance of doubt, Felt does not hold your credit account in trust and in the event your account is closed, you may lose any credit remaining in your account. However, where you close your account, and you are not in breach of any of Felt’s terms then Felt may, at their sole discretion, refund any credit amounts left after deducting any fees owed to Felt.

2.7 Commission payable and listing fees

All sellers must pay a listing fee upon listing an item on Felt for the listing period. If the item listed has not sold when the current listing period expires, the seller must pay a further listing fee to relist the item. In addition to listing fees, Felt charges a percentage sales commission of the total purchase price of the listed item. Click here for the current listing period and current rates.

All listing fees and commission payable to Felt are deducted from the seller’s prepaid Felt account. The sums paid into your Felt account are not repayable upon demand.

All sales arising from a buyer enquiry or contact through this website are subject to a commission payment as set out in the commission rates applicable at the current time.

To support this Felt requires that sellers do not post their contact details, including website details and links on the website or make contact with buyers outside of the Felt sale process for the purposes of concluding a sale. Sellers may not make arrangements through the Felt website, or with Felt buyers, to conclude a sale outside the Felt system for sales. If Felt becomes aware that this has occurred, it will take action against the seller, which may include claiming any lost commission and terminating the seller’s account.

If any commission payable on a sale results in the seller’s account becoming negative, the seller agrees that this sum is owing as a debt. Interest will be payable on any negative balance at the rate of 3% per month, and if recovery action is required to recover any such balance, the seller will pay all debt recovery costs, including all legal costs and any debt recovery agent’s costs.

2.8 Current information

Please make sure you supply correct current information to Felt, including your personal details and correct payment details. It is your responsibility to update these details any time they change. Felt will not be responsible for any losses caused to you due to your failure to provide correct and updated personal information and payment details.

To ensure that active shops are monitored, you are required to log in to Felt on a regular basis while you have listings that are visible to the public. Felt will send you an automatic email reminder when we haven’t seen you for more than 120 days (the duration of a standard listing).

2.9 Closing accounts

Felt reserves the right to cancel any seller’s account at any time, without specifying a reason, by sending a message to the seller to the email address specified at registration.

A seller may terminate their account at any time by giving one week’s notice to Felt at the email address support@felt.co.nz.

Upon termination or suspension of a seller’s account, all commission still payable and any other sum owing remains payable to Felt and must be paid immediately.

All listing fees paid are not refundable. However if the account has been terminated by Felt in circumstances where the seller has not breached any terms, Felt may choose, at its own discretion, to refund the unused portion of any listing fees or any credit remaining.

2.10 Privacy

Felt only collects your personal data for the purposes of administering the website, your listings and for charging listing fees and commission. Your personal details are not made available to any third parties for purposes other than administration of the Felt website.

Where Felt uses third parties to undertake services, we may provide those third parties with some of your information if it is required to fulfil those services. We use third party software such as customer relationship management, marketing automation and accounting software that holds your information, sometimes overseas. We require any third party to undertake strict precautions to protect your information against unauthorised use or disclosure.

You are entitled to access your personal information and request changes where the information is incomplete or incorrect. Felt will respond to any privacy request within a reasonable time.

2.11 Community communication

One of the lovely things about the Felt website is the community of sellers who support and encourage each other. As a Felt seller you agree that you will not post any material or comments that could be taken as offensive by another seller, and will not post any material which could be defamatory of any party on the website.

If you have concerns about any aspect of another seller’s listings, you are entitled to make a complaint to Felt by sending an email to support@felt.co.nz. Felt will carefully consider all complaints made.